10 No. 3 Electronic and Postal Communications 2010 PART I PRELIMINARY PROVISIONS Short title and Commencement 1.(1) This Act may be cited as the Electronic and Postal Communications Act, 2010. (2) This Act shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. Application 2.(1) This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar. (2) This Act shall not apply to Tanzania Zanzibar, with respect to those activities, which by virtue of the Zanzibar Broadcasting Commission Act, fall within the jurisdiction of the Zanzibar Broadcasting Commission. Interpretation 3. In this Act, unless the context otherwise requires “abuse of the dominant position” means an act whereby(i) a firm holds a position of such economic strength that allows it to operate in a market without being significantly affected by competition and it engages in conduct that is likely to impede the development or maintenance of effective competition; (ii) a tied selling firm exercises, predatory pricing, exclusive dealing, market restriction and price squeezing but does not include an act where by a licensee’s vigorous competition takes business from less efficient competitors; “access” means the making available by one person or network, of electronic communications services or electronic communications networks, or parts thereof, to another person or network, for the purpose of enabling (a) construction, maintenance and operation of an electronic communications network; (b) provision of an electronic communications